The court considered the use of injunctions to restrain breaches of planning control. The applicants were gypsies who had taken up occupation of land in mobile homes. The respondent had given them twelve months for them to find alternative accomodation. The extended time was intended to minimise disruption to the children’s education.
Held: Even if the council had fallen short in its duty under the Race Relations Act the court in exercising its discretion could remedy those failings.
Judges:
Keene LJ, Carnwath LJ, Maurice-Kay LJ
Citations:
[2008] EWCA Civ 1159, [2009] BLGR 141
Links:
Statutes:
Town and Country Planning Act 1990 187B, Race Relations Act 1976 71, Caravan Sites and Control of Development Act 1960
Jurisdiction:
England and Wales
Citing:
Cited – Lough and others v First Secretary of State Bankside Developments Ltd CA 12-Jul-2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach . .
Cited by:
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.
Planning, Discrimination
Updated: 19 July 2022; Ref: scu.277280